Can I Sue My Boss for Paying Me Less Because I’m a Woman?
Did you know that, despite the fact that the gender pay gap has narrowed since the signing of the Equal Pay Act of 1963, women earned 82 cents for every dollar a man made in 2020?
So, if you have been paid less than your male colleague, you might be able to file a lawsuit. In addition, if the discrepancy in payment is based on gender or sex, you might be able to file a gender discrimination claim.
In this article, our Ohio employment law experts outline when you can sue your boss for paying you less as a woman. But first: What is gender discrimination?
What Is Gender Discrimination?
Ohio employment law prohibits sex and gender discrimination in any workplace in Ohio, which they term “sex discrimination.” According to U.S. Equal Employment Opportunity Commission (EEOC), sex discrimination involves treating an employee unfavorably because of gender. For example, you might get lower pay than your male colleagues because you are female.
Gender discrimination is essentially the same as sex discrimination for purposes of discrimination laws.
One of the most common gender discriminations in workplaces is lesser payment, as women tend to get lower wages simply because of gender. In addition, sex and gender discrimination can exist in different situations relating to workplaces, such as:
- Job application
- Job assignments
- Promotion at workplaces
- Training at workplaces
- Layoff
- Equal pay
- Sexual harassment
- Pregnancy discrimination
Now, if you are being paid less than other colleagues because you are a woman, there are lawsuits that you can file under the Equal Pay Act and Title VII of the Civil Law Rights of 1964.
Filing a Claim Under the Equal Pay Act
The Equal Pay Act provides that men and women with similar jobs should be paid equally. To find out if the jobs are substantially equal, you shouldn’t look at the job title. Rather, you should check the job responsibilities of the work.
So, if you are being paid less than your fellow male colleague doing a similar job, you might have a case under the Equal Pay Act. However, your employer may defend pay discrepancy by raising 1 of 4 affirmative defenses.
These are:
- Seniority accounts for the pay difference
- Merit system that explains the pay differences
- Pay is based on the quality or quantity of work done
- Other factors other than sex or gender explain the pay differences
Most times, your employer may argue that the jobs are not identical, which automatically means that the Equal Pay Act doesn’t even apply. For example, Jane and Edward both sell at a retail shop, but Jane is being paid lower than Edward.
However, her employer may point out that Edward moves more goods than Jane, so he is entitled to more pay. In this case, Jane will need solid evidence that the affirmative defense isn’t legitimate.
Filing Under Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 prohibits sex stereotyping under federal law. Title VII outlaws employment discrimination on the basis of gender or sex. One of the employment practices covered by this Title VII is pay. So, to file a claim under this law, you must prove that your employer is paying you less simply because of your gender.
The point of this anti-discrimination law is to ban unfair discrimination based on sex or gender. To prove this claim, you will have to show that sex discrimination is the reason behind your lesser pay.
However, an employer can also defend a Title VII claim by proving that sex discrimination is not the motivation behind paying you less. For example, your employer might claim that your job performance is inferior compared to the male employee’s performance. Sometimes, an employer may claim that you have weaker educational credentials.
Where Can I File a Sex Discrimination Claim in Ohio?
Before filing a lawsuit, you must understand that specific time limits are associated with state and federal claims. Also, determining whether to file for a federal or state claim can sometimes be challenging. If you have decided to step up and file a claim, you will do so with the EEOC or the Ohio Civil Right Commission (OCRC).
Therefore, speaking with an Ohio employment lawyer can help you ensure that you file your claim on time.
Seek Advice From an Ohio Employment Lawyer
Do you suspect your employer is paying you less because you are a woman? If yes, you may be able to file a case against your employer and be compensated — and the team at Hux Law Firm can help. We are committed to protecting your rights and getting you the justice you deserve. Contact us today to learn about the actions we can take to hold your employer accountable and give your case the best chance of success.
